Brinkwood Land Equities, LTD v. Hilo Brokers, LTD, et al., No. 30466, 2012 Haw. App. LEXIS 275 (Haw. Ct. App. Mar. 14, 2012)

(plaintiff bought $1.9 million parcel and paid $25,000 as earnest money deposit; plaintiff attracted to property due to its description and views of waterfalls; purchase contract included “frog pest alert”; buyer subsequently forms development company to develop property and discovers noise made by frogs and claimed that area was “populated by drug dealers and hookers”; plaintiff sued defendant for misrepresentation; trial court awarded summary judgment to defendant; on appeal, court affirmed; contract contained “frog pest alert” which disclosed noise of frogs could exceed 70 decibels all night long and “as is” disclosures; other “off-site” social conditions not “rooted in the land” and, as such, defendant had no duty to inspect or disclose facts concerning transient social conditions in the neighborhood; acceptance agreement allowed defendant to retain plaintiff’s initial deposit if plaintiff breached contract).